Oregon Environmental Quality Commission Meeting
February 22 – 23, 2007
Oregon Department of Fish and Wildlife Headquarters,
3406 Cherry Ave. NE, Keizer, Oregon
Thursday, February 22—Regular meeting begins at 9:00
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Preliminary Commission Business: Adoption of Minutes of the December 14-15,
2006 Meeting
The Commission will review, amend if necessary, and approve draft minutes of the
December 14-15, 2006, Commission meeting.
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Informational Item: Update on the Status of the Umatilla Chemical Agent
Disposal Facility (UMCDF)
Joni Hammond, DEQ Eastern Region Division Administrator, and Rich Duval,
Administrator of DEQ’s Chemical Demilitarization Program will give an update on
the status of recent activities at the Umatilla Chemical Agent Disposal Facility
(UMCDF). In August 2004, the Commission gave approval to start chemical weapon
destruction at UMCDF and DEQ's Chemical Demilitarization Program continues close
oversight of work at the facility.
Joni Hammond and Rich Duval, Department of Environmental Quality
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Action Item: Recommendation that the EQC Delegate Review of Proposed
Facilities and Schedule
Windmaster Corners, an area outside the Urban Growth Boundary (UGB) of the City
of Hood River has an ongoing public health concern due to failing onsite waste
systems. Hood River County has filed a resolution seeking the creation of a
sanitary district that would serve this area near the Hood River Airport. The
EQC or its delegate will need to approve plans and schedules for facility
construction.
The Department believes that it would be most efficient for the Commission to
delegate the review and certification of approval or disapproval, and also to
delegate the review of alternative proposals, if any, under health hazard
annexation provisions (ORS 431.705 to 431.750) to the Director. This type of
review is largely of a technical nature and legal counsel has advised that the
Commission has legal authority to delegate this function to the Department.
Larry Knudsen, Department of Justice and Joni Hammond, Department of
Environmental Quality
[Attachment:
Staff Report]
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Action Item: Rule Adoption: Portland-Vancouver and Salem Ozone Maintenance
Plan and Supporting Rule Revisions
The federal Clean Air Act requires that each state adopt and submit to the U.S.
Environmental Protection Agency (EPA) a plan which provides for implementation,
maintenance and enforcement of any new air quality standard within three years
of the date EPA designates an area in attainment or nonattainment with the
standard. The Department of Environmental Quality (DEQ) recommends that the EQC
adopt the Portland-Vancouver Air Quality Maintenance Area (Oregon portion) and
Salem-Keizer Area Ozone Maintenance Plan, and amend and repeal rules that
implement control strategies described in the plan.
Andy Ginsburg and Marianne Fitzgerald, Department of Environmental Quality
[Staff Report,
Attachment
A-1,
Attachment A-2,
Attachment B,
Attachment C,
Attachment D,
Attachment E,
Attachment F]
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Public Forum
The Commission will provide members of the public an opportunity to speak to the
Commission on environmental issues that are not part of the agenda, or for which
there is otherwise no public testimony at this meeting. Individuals wishing to
speak to the Commission must sign a request form at the meeting and limit
presentations to five minutes. The Commission may discontinue public forum after
a reasonable time if a large number of speakers wish to appear. In accordance
with ORS 183.335(13), no comments may be presented on Rule Adoption items for
which public comment periods have closed.
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Informational Item: Update - Fish Consumption Rate Project
On October 6th, 2006, the Department of Environmental Quality (DEQ), the
Environmental Protection Agency (EPA), and the Confederated Tribes of the
Umatilla Indian Reservation (CTUIR) presented a plan to the Environmental
Quality Commission (EQC) to begin a collaborative review of Oregon’s fish
consumption rate. The fish consumption rate is one variable used to calculate
the human health water quality criteria, which are a part of Oregon’s water
quality standards. This agenda item is an update and status report on the
project.
Lauri Aunan and Jordan Palmeri, Department of Environmental Quality
[Attachments:
Staff Report,
Attachment A,
Attachment B,
Attachment C,
Attachment D,
Attachment E]
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Action Item: Rule Adoption: Revision of Oregon Temperature and Mixing Zone
Rules to Align with EPA Action.
Under the federal Clean Water Act, states adopt water quality standards to
protect public health, fish and the environment. Water quality standards
identify the levels of chemical substances and the physical characteristics of
water bodies needed to protect the uses of the state’s waters. The Environmental
Protection Agency (EPA) has the authority to disapprove state standards if EPA
concludes the standards do not adequately protect the uses of the state’s
waters, and has disapproved certain state standards. DEQ and the EPA have
conferred about the issues and the DEQ now presents rule revisions that reflect
the compromise that both DEQ and EPA can accept.
Lauri Aunan and Debra Sturdevant, Department of Environmental Quality
[Attachment:
Staff Report,
see additional attachments under Agenda Item H]
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Action Item: Director’s Transactions for Commission Review
Oregon Accounting Policy and DEQ policy require that the EQC review and approve
certain financial transactions of the DEQ Director annually.
René-Marc Mangin, Department of Environmental Quality
[Attachments:
Staff Report,
Attachment C]
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Informational Item: Annual Performance Measures Report to Legislature
This update on DEQ performance measure results marks DEQ’s first semi-annual
report to the Environmental Quality Commission. DEQ has committed to providing
semi-annual review of agency Executive Measures as part of its efforts to
meaningfully involve the Commission in high-level policy and planning efforts
and as a “best practice” for the EQC.
René-Marc Mangin and Karen Whisler, Department of Environmental Quality
[Attachment: Staff
Report,
Attachment A]
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Informational Item: Director’s Dialogue
Stephanie Hallock, DEQ Director, will discuss current events and issues
involving the Department and the state with Commissioners.
Friday, February 23 – Regular meeting begins at 8:30
After opening the meeting, the Commission will talk with visiting legislators,
and then begin the regular agenda items.
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Commissioners’ Reports
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Informational Item: Budget and Legislative Update
The DEQ will present an update on the agency’s budget request.
Greg Aldrich, Department of Environmental Quality
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Action Item: Petition for Rulemaking on Rigid Plastic Containers
The EQC will consider a petition for amendment of Oregon rules related to rigid
plastic containers. Paul Cosgrove filed the petition on behalf of 11 industry
associations requesting changes in the definition of recycled in Oregon and in
the methods used to calculate the minimum recycled content in rigid plastic
containers. The Department has invited written comment on the petition through
February 12th, and the EQC will hear oral comments from the public at this
meeting. The notice requesting public comment and the petition are available on
the Department’s website at:
http://www.deq.state.or.us/lq/sw/recovery/rpc.htm.
[Attachments: Staff
Report, Attachment A,
Attachment B,
Attachment C,
Attachment D]
Adjourn
Working Lunch
The Commission will hold an Executive Session from 11:45 p.m. to 12:45 p.m. to
consult with counsel concerning legal rights and duties regarding current or
potential litigation against the DEQ, and to review employment-related
performance of chief executive officer. Only representatives of the media may
attend and media representatives may not report on any deliberations during the
session.[1]
Future Environmental Quality Commission meeting dates for 2007 include:
April 19 – 20, 2007 in Bend
June 21 – 22, 2007 in Portland
August 16 – 17 in Western Region, location TBD
Agenda Notes
* Rule Adoptions: Hearings have been held on Rule Adoption items and public
comment periods have closed. In accordance with ORS 183.335(14), no comments may
be presented by any party to either the Commission or Department on these items
at any time during this meeting.
Staff Reports: Staff reports for each item on this agenda can be viewed and
printed from DEQ’s web site at
http://www.deq.state.or.us/about/eqc/eqc.htm. To
request a particular staff report be sent to you in the mail, contact Toneasha
Kelly, Department of Environmental Quality, Director’s Office, 811 SW Sixth
Avenue, Portland, Oregon 97204; telephone 503-229-5990, toll-free 1-800-452-4011
extension 5990, or 503-229-6993 (TTY). Please specify the agenda item letter
when requesting reports. If special physical, language or other accommodations
are needed for this meeting, please advise Ms. Kelly as soon as possible, but at
least 48 hours in advance of the meeting.
Public Forum: The Commission
will provide time in the meeting on Thursday, February 22, to provide
members of the public an opportunity to speak to the Commission. Individuals
wishing to speak to the Commission must sign a request form at the meeting and
limit presentations to five minutes. The Commission may discontinue public forum
after a reasonable time if a large number of speakers wish to appear. In
accordance with ORS 183.335(13), no comments may be presented on Rule Adoption
items for which public comment periods have closed.
Note: Because of the uncertain
length of time needed for each agenda item, the Commission may hear any item at
any time during the meeting. If a specific time is indicated for an agenda item,
an effort will be made to consider that item as close to that time as possible.
However, scheduled times may be modified if participants agree. Those wishing to
hear discussion of an item should arrive at the beginning of the meeting to
avoid missing the item.
Environmental Quality Commissioners
The Environmental Quality Commission is a five-member, all volunteer, citizen
panel appointed by the governor for four-year terms to serve as DEQ’s policy and
rule-making board. Members are eligible for reappointment but may not serve more
than two consecutive terms.
Lynn Hampton, Chair
Lynn Hampton recently retired as Tribal Prosecutor for the Confederated Tribes
of the Umatilla Indian Reservation and previously was Deputy District Attorney
for Umatilla County. She received her B.A. at University of Oregon and her J.D.
at University of Oregon School of Law. Commissioner Hampton was appointed to the
EQC in July 2003 and lives in Pendleton.
Ken Williamson, Commissioner
Ken Williamson is head of the Department of Civil, Construction and
Environmental Engineering at Oregon State University and serves as Co-Director
of the Center for Water and Environmental Sustainability. He received his B.S.
and M.S. at Oregon State University and his Ph.D. at Stanford University.
Commissioner Williamson was appointed to the EQC in February 2004 and he lives
in Corvallis.
Judy Uherbelau, Commissioner
Judy Uherbelau is a graduate of Ball State University with a B.S. in
Economics/Political Science. She received a J.D. from UCLA School of Law and
recently closed her law practice with Thomas C. Howser, PC in Ashland. Judy
served in the Peace Corps and the Oregon House of Representatives as well as
numerous boards and commissions. Commissioner Uherbelau was appointed to the EQC
in February 2005 and lives in Ashland.
Donalda Dodson, Commissioner
Donalda Dodson is currently Interim Executive Director of the Oregon Child
Development Coalition. Previously, she served as Administrator of the Department
of Human Services Office of Family Health and as Manager of the Maternal/Child
Health Program at the Marion County Health Department. Donalda has a Bachelor of
Science degree in nursing and a master's degree in public health. She has
chaired or served on nearly a dozen public health committees and task forces and
expresses a strong interest in bringing environmental issues into the public
health arena. Commissioner Dodson resides in Salem.
Bill Blosser, Vice Chair
Bill Blosser is owner of William Blosser Consulting. He is employed by, and has
held several positions with, CH2M Hill in Portland. Bill served as Director of
the Oregon Department of Land Conservation and Development from 2001-2002 and
was formerly president of Sokol Blosser Winery in Dundee, Oregon. Bill has
served on and chaired numerous commissions and task forces, including terms as
chair of the Water Resources Commission, chair of the Land Conservation and
Development Commission and chair of the Policy Advisory Committee on Water
Quality to the EQC. Bill has a Bachelor of Arts degree in history and humanities
from Stanford University and a master’s degree in regional planning from the
University of North Carolina, Chapel Hill. Commissioner Blosser was appointed to
the EQC in January 2006 and lives in Portland.
Stephanie Hallock, Director
Department of Environmental Quality
811 SW Sixth Avenue, Portland, OR
97204-1390
Telephone: (503) 229-5696 Toll Free in Oregon: (800) 452-4011
TTY: (503) 229-6993 Fax: (503) 229-6124
E-mail:
deq.info@deq.state.or.us
Helen Lottridge, Assistant to
the Commission
Telephone: (503) 229-6725
